Amount
of Child Support
While the parties can agree between
themselves as to the amount and method of payment of child support, their agreement is not
binding on the Court. State law specifies the minimum levels of child support allowable
and the courts follow these laws very strictly.
Child support amounts are computed
according to a formula adopted by the legislature (see below). Courts routinely require
the parties to submit a document showing that the amount of child support they have agreed
upon meets or exceed the state law minimums. It may, therefore, be necessary for you to
consult a California attorney to obtain a written computation showing that the law has
been complied with.
It is not known how the courts will
deal with this issue when the parties appear without an attorney. If the party receiving
child support is receiving welfare benefits, special rules apply to the determination of
child support amounts. The agreement between the parties must be approved by the District
Attorney's office of the county in which the child resides. Some of the factors that will
affect the amount of child support are:
- The incomes of each parties.
see
recent Court decision about income
- The reasonable expenses of the
parties. Not all expenses are considered and this factor is much less important than
income. The court will ignore expenses if it is not in the best interests of the child.
- The amount of time each party has
custody of the child. Thus, visitation with the non-custodial party will reduce the amount
of support payable by that party.
- Any extraordinary child care
expenses, such as day care or medical costs.
Child support amounts agreed to by
the parties cannot be made non-modifiable. Any agreement between the parties must be
approved by the Court and must conform to the State guidelines unless the Court approves.
For the Court to approve of an
agreed upon child support order, it must find the following:
(a) Both parties are fully informed
of their rights;
(b) The order is agreed to without
coercion or duress;
(c) The agreement is in the child's
best interests;
(d) The child's needs will be
adequately met by the agreed upon amount; and
(e) There is no public assistance
being provided nor applied for. D. California Statutory Child Support Formula 405
Statewide Uniform Guideline for Determining Child Support Awards
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